The Wisconsin Supreme Court has been asked to review the Vilas County ordinance establishing a uniform addressing system for the purpose of aiding in the fire protection, emergency services, and civil defense under authority of state statutes.
Tim and Kim Bowler of Alpine Resort in Presque Isle challenged the county ordinance claiming they have on lot and one legal description and the county had no authority to name road since it does not satisfy the definition of “private road” and they argue the road does not satisfy the ordinance requirements it serves three or more residences or lots.
Alpine Resort has a principal structure and nine other buildings used as rental cabins which the county was going to assign a separate addressing number – fire number – for each building with the Bowler's arguing they were not “principal” or “primary” structures and Kim Bowler claiming it was “overreaching private property rights.”
Vilas County Judge Neal Nielsen III ruled in favor of the county and the case was appealed to the District III Court of Appeals which upheld Judge Nielsen writing “the access road is a private road” that leads to 10 structures “each of which is a primary or principal structure used for human habitation” and serves “three or more residences that includes the cabins.”
The Bowler's petitioned the Wisconsin Supreme Court for review of the July 30 appeals court decision and Vilas County assistant corporation counsel Meg O'Marro filed a response in opposition to the petition for review. Both sides wait for a decision if the Supreme Court will accept or reject the petition for review.
Side note: The Vilas County ordinance was adopted in 2008 under authority of Chapter 59.04.
Becky Nordine of the Vilas County mapping department indicated fire personnel would be able to determine which structure was on fire due to smoke or flames, but if emergency personal were responding to a possible heart attack, it may take several critical minutes to know which unit to go to, or if there is a break-in during the night and the victim is hiding in a closet they wouldn't be able to tell the 911 dispatcher the fire number they were located in without a fire number.
Vilas County asked the Bowler's for a road name and they didn't respond so the name Alpine Resort Drive was assigned but the Bowlers objected, preferring Private Resort Drive which the Presque Isle town board approved. Town employees were prevented from place road and fire number signs and Vilas County filed the initial action September, 2017 claiming a “flagrant and continuing violation” by the Bowler's.
